Reasons to Reduce a Criminal Conviction
You may want to reduce the class of a criminal conviction for several reasons. These include:
- Reduction from a felony to a misdemeanor to be eligible for certain jobs
- Reduction from a misdemeanor to an infraction to be eligible for certain jobs
- Reduction from a more serious classification to a less serious classification to become eligible for an expungement
- Reduction from a more serious classification to a less serious classification to reduce the amount of time needed for an expungement
- Reduction from a felony to a misdemeanor to reinstate hunting/gun rights
- Other personal and professional reasons
How a Reduction Can Effect an Expungement
Utah expungement law will not allow you to expunge your record if you have too many convictions or if your convictions are too serious. For example, you cannot receive a conviction if you have:
- Two felony convictions
- Three total convictions, with at least two of them being Class A misdemeanors or higher
- Four total convictions, with at least three of them being Class B misdemeanors or higher
- Five total convictions of any degree
So, for example, if you have two total felony convictions on your record, you cannot receive an expungement unless you are able reduce one of your felonies to a misdemeanor. If you are able to reduce one of your felonies, then you may be eligible for an expungement.
Requirements and Restrictions for Reducing Your Conviction
Utah Code Section 76-3-402(2) allows you to ask the court to reduce the classification of your conviction by one degree if you have successfully completed probation and it is “in the interest of justice.”
In rare circumstances, you may be able to reduce the conviction by two degrees, but you can never reduce a conviction by more than two degrees. Also, you cannot change the name of the conviction and you cannot reduce offenses that require you to register as a sex offender.
Utah Expungement Lawyers and Conviction Reduction Attorneys
An experienced expungement attorney can help you reduce your conviction. As a former prosecutor and court employee, Attorney Steven K. Burton learned the inner workings of the court system. He now helps people who are trying to clear their criminal records so they can move on with their lives.
Utah Criminal Defense Attorney Contact
If you are trying to get an expungement and clear your record, call Intermountain Legal at 801-990-4200 or fill out our quick attorney contact form.